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U.S. v. SMITH

No. 01-10017.

296 F.3d 344 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Derrick Lenard SMITH; Ternard Antoine Polk, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 26, 2002.

Attorney(s) appearing for the Case

Michael Gill (argued), Chad Eugene Meacham, Dallas, TX, for Plaintiff-Appellee.

Peter Michael Fleury, Asst. Fed. Pub. Def. (argued), Fort Worth, TX, for Smith.

James Knox Brooks Fitzpatrick, Fitzpatrick, Hagood, Fisher & Holmes, John Davidson Nation (argued), Dallas, TX, for Polk.

Before HIGGINBOTHAM and CLEMENT, Circuit Judges.

CLEMENT, Circuit Judge:

Defendants-Appellants Derrick Lenard Smith ("Smith") and Ternard Antoine Polk ("Polk") appeal from their convictions for three counts of attempted murder. They argue that the jury's verdict lacks evidentiary support and that the district court improperly enhanced their sentences. We disagree and affirm the Appellants' convictions.

I. FACTS AND PROCEEDINGS

On the morning of June 19, 2000, Smith and Polk robbed the Chase Bank...

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